Terms of Service

These "Terms of service" set forth the terms and conditions that apply to your use of mp-staffmaker.com (the "Web Site") and all Services (definitions bellow). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of service set forth herein.

BY USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.

DEFINITIONS

"Company" shall mean MotionPortrait, Inc., 4COLORS and/or any of their affiliates, individually and collectively. Generally, Terms are a contract between you and MotionPortrait, Inc/4COLROS.

"Company Parties" shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.

"Services" shall mean any of the internet based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise.

"User Contributed Content" shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.

"User Created Art" shall mean any intellectual property created by a user as part of his or her use of the Service.

WHAT THE COMPANY IS PROVIDING

A) Subject to your acceptance of these Terms, the Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.

B) The Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.

C) The Company grants you a limited revocable license to post an image of your User Created Content, on your own web site or on a third party web site that (i) permits posting of content at the direction of users provided that such third party web site does not obtain any rights to such content other than a non-exclusive license to post it at your direction, (ii) complies with all applicable laws, and (iii) does not contain material which, in the reasonable judgment of the Company, might adversely affect the value of the Services, or the Company's name or goodwill, and provided that you do not remove or obscure any Company branding on your User Created Content and do not disable any links contained therein. The Company expressly reserves all its rights and remedies and may revoke this limited license, in whole or in part, at any time upon notice.

YOUR AGREEMENTS

A) You represent that you have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms.

B) You represent to the Company that you are at least 13 years old, and if you are less than the age of consent in the jurisdiction in which you are located, your parent or legal guardian has reviewed these Terms, you have his or her permission to use the Service, and he or she has consented to these Terms on your behalf. (Please be aware that the Company may create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If you are not at least 13 years old, you must discontinue using the Services immediately.

C) You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the Company's copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.

D) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.

E) You warrant that any User Created Art is your original work and that your contribution to the User Created Art does not violate any third party's privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and you agree to pay all royalties, fees, and any other amounts that may be owing to any person with respect to your contribution to User Created Art.

F) You represent that you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon.

G) You acknowledge that you do not rely on the Company to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

H) You agree that all goodwill that arises in connection with your use of the Services or the Company's trademarks inures exclusively to the Company, and you agree not to challenge the Company's ownership or control of any Company trademarks and trade names, nor use or adopt any trademarks or trade names that might be confusingly similar to such trademarks.

I) You agree that if you access the Service through a social network or other mechanism other than a website owned or controlled by the Company, you must be a registered member of that social network and be in compliance with the policies or terms of use/service of that network.

J) You agree that these Terms do not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services (collectively, "Updates"). The Company, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to these Terms.

COPYRIGHTS AND TRADEMARKS

All materials contained on the Web Site are copyrighted by the company. All rights reserved.
No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
MotionPortrait and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify mp-staffmaker.com and the goods and/or services provided by mp-staffmaker.com. Such marks may not be used under any circumstances without the prior written authorization of the Company.

OWNERSHIP OF COMPANY INTELLECTUAL PROPERTY

A) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by the Company and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. The Company, its logos, and all product names are trademarks of the Company and may not be used without the express written permission of the Company.

B) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.

C) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.

OWNERSHIP OF INTELLECTUAL PROPERTY CONTRIBUTED BY YOU OR CREATED BY YOU

A) User Contributed Content
1) The Company does not claim ownership of User Contributed Content;
2) By sharing User Contributed Content through the Service, however, you agree that you are granting permission for reproduction/printing of such content by any recipient or viewer of such content for his or her personal use and by the Company solely to provide the Service to you and others, to market the Service, and to illustrate the operation of the Service. You understand that the Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media.

B) User Created Art
1) You understand and agree that (i) to the greatest extent permitted by applicable law, User Created Art, and any related intellectual property rights are "works made for hire" and are compensated by right to use the Service, (ii) the Company is the sole owner of all rights in such User Created Art, and you assign to the Company without royalty or any other further consideration your entire right, title and interest (including patent rights, copyrights, trade secrets, mask work rights, and all other intellectual property rights throughout the world) in and to all intellectual property contained in any User Created Artwork, (iii) the Company has the right to use, modify, reproduce and distribute the User Created Art and to make derivative works thereof and/or to license such User Created Art to any person, and (iv) the Company may exercise these rights in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
2) You understand that the Company is not obligated to pay you anything for your User Created Art, or to feature or otherwise display your User Created Art on any web page.

REFUND POLICY

mp-staffmaker.com offers the right to use its Services for a price.
Once a purchase has been made, the Company does not accept refunds, returns, or exchanges unless you can prove, and if the Company agrees on one of the following propositions:
The Service performs radically different then the way it is documented and demonstrated on mp-staffmaker.com website and cannot be repaired/updated by mp-staffmaker.com.
The Service was somehow licensed by mistake, or it has been licensed for multiple redundant times.
The Service was not licensed to you, and the purchase is a fraud.
In these cases, you have 7 days from the purchase of to send your claim to our support. No refunds will be given, except in the Company's sole and absolute discretion.

DELIVERABLES

All widgets, js codes, flash files/swf, data files, images and other final published files/deliverables are owned by you (the end-user) AS IS, meaning that after receiving/getting the code from our Services the end user is not allowed to change or modify anything inside the deliverable. He can use it only as it is provided by the Services. Exceptions can be made for html/js code that can be edited to comply with your site, but we do not support this action.

Links to third-party Web Site

mp-staffmaker.com provides hyperlinks to third-party web sites. Company does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Company will have no liability to any entity for the content or use of the content available through such hyperlink.

Changes to These Terms of Use

Company reserves the right to change these Terms of service at any time by posting new Terms of service at this location (www.mp-staffmaker.com).